Griessmeyer Law Website

Driver Who Hits Bicyclists Charged with Murder

An 18 year old man driving 83 mph in a 40 mph zone collided with two bicyclists and killed one of them. According to a Pleasonton Patch news article, the prosecutors initially charged the man with vehicular manslaughter and reckless driving. However, after reviewing the man's twitter account and past driving record the prosecutors upgraded the charge to murder.

To prove the murder charge in California, the prosecutors will have to prove actual or implied malice:

The defendant acted with express malice if he unlawfully intended to kill.

The defendant acted with implied malice if:

1. He intentionally committed an act;
2. The natural consequences of the act were dangerous to human life;
3. At the time he acted, he knew his act was dangerous to human life;
AND
4. He deliberately acted with conscious disregard for human life.

About Me

I am a Wisconsin bicycle injury lawyer and lifelong lover of swimming, biking, and running. I am on the Board of Directors for the Wisconsin Bicycle Federation. My business-Griessmeyer Law, is one of 27 bicycle friendly businesses in Wisconsin.
The material on this website is for informational purposes only and should not be considered legal advice. Accordingly, you should not rely on, or act on any information on this website, without consulting with a competent attorney who is licensed to practice law in your state or jurisdiction.
My business addresses are 5976 Executive Drive Suite B Fitchburg, Wisconsin 53719 and 230 West Wells St. Milwaukee, Wisconsin 53203. Phone 608 320-6710 and 414 207-4426